Section 24
of Mutual Assistance in Criminal Matters Order, 2005
Section 24
(1)
A request by a foreign country for assistance under this Part shall be refused if, in the opinion of the Attorney General -
(a)
that country has, in respect of that request, failed to comply with the terms of any treaty, memorandum of understanding or other agreement between Brunei Darussalam and that country;
(b)
the request relates to the investigation, prosecution or punishment of a person in respect of an act or omission that, if it had occurred in Brunei
Darussalam, would have constituted an offence under the military law applicable in Brunei Darussalam but not also under the ordinary criminal law of Brunei Darussalam;
(c)
there are substantial grounds for believing that the request was made for the purpose of prosecuting, punishing or otherwise causing prejudice to that person on account of his colour, race, ethnic origin, sex, religion, nationality or political opinions;
(d)
the offence to which that request relates is not an offence of sufficient gravity;
(el the article or thing requested is of insufficient importance to the investigation or could reasonably be obtained by other means;
(fl it would be contrary to the interests of the public and prejudical to the sovereignty, security or national interests of Brunei Darussalam to provide such assistance;
(g)
that country has failed to undertake that the article or thing requested for will not be used, except with the consent of the Attorney
General, for a matter other than the criminal matter in respect of which the request was made;
(h)
in the case of a request for assistance in obtaining evidence and in search and seizure, that country has failed to undertake to return to the
Attorney General, upon his request, anything obtained pursuant to that request upon completion of the criminal matter in respect of which the request was made;
(i)
in the case of a request for assistance in arranging the attendance of a person in a foreign country, the person to whom the request relates is not prepared to give his consent to the transfer; or fjl the provision of the assistance could prejudice a criminal matter in
Brunei Darussalam.
(2)
A request by a foreign country for assistance under this Part may be refused by the Attorney General -
(a)
pursuant to the terms of any treaty, memorandum of understanding or other agreement between Brunei Darussalam and that country;
(b)
if, in his opinion, the provision of the assistance would, or would be likely to, prejudice the safety of any person (whether in Brunei Darussalam or elsewhere) ;
(c)
if the request relates to the investigation, prosecution or punishment of any person in respect of an act or omission that, if it had occurred in Brunei Darussalam, would not have constituted an offence against the laws of Brunei Darussalam;
(d)
if, in his opinion, the provision of the assistance would impose an excessive burden on the resources of Brunei Darussalam;
(e)
if, in the case of a request for the attendance of a prisoner in Brunei
Darussalam, the granting of that request -
(i)
would not be in the interests of the public;
(ii)
would not be in the interests of the person to whom the request relates; or
(fl the request does not comply with the requirements of section 23.
Assistance may be provided subject to conditions.